Based on reporting by STV News, 15 October 2026. All rights in the original report remain with the publisher.
What was reported
According to STV News, a boy aged nine was struck by a scooter at a pedestrian crossing on Great Northern Road in Aberdeen in August last year. The driver reportedly drove through a red light at the crossing, hitting the child as he was legally crossing. The driver later pleaded guilty to a charge of dangerous driving at Aberdeen Sheriff Court.
As reported by STV News, the driver was sentenced to a 12-month driving ban and a 12-month community payback order with supervision. A separate offence of driving without due care and attention on other Aberdeen roads was also admitted, for which a fine and penalty points were issued.
The boy's mother released a statement, reported by STV News, saying the child continues to suffer nightmares following the incident and has become nervous about crossing roads. The family said they were relieved the driver accepted responsibility, and that their son fortunately did not sustain more serious physical injuries.
Road traffic accident claims in Scotland
When a pedestrian is struck by a motor vehicle, a civil personal injury claim can be pursued entirely separately from any criminal proceedings. A guilty plea or criminal conviction does not automatically resolve a civil claim, but it can be relevant evidence in establishing what occurred.
In incidents of this kind, liability often rests with the driver of the vehicle involved, and in practice, claims are typically made against that driver's motor insurance policy. All vehicles used on public roads in Scotland are required by law to carry at least third-party insurance, meaning there is usually an insurer to meet a valid claim even where the driver has limited personal means.
Where a vehicle is uninsured or the driver cannot be traced, the Motor Insurers' Bureau (MIB) exists to compensate victims. Pedestrian claims involving children crossing at designated crossings, particularly where traffic signals were reportedly not obeyed, are among the more straightforward liability scenarios, though every case is assessed individually on its own facts and evidence.
It is also worth noting that where a child is injured, a claim can be brought on their behalf by a parent or guardian acting as their legal representative. Any settlement reached on behalf of a child in Scotland must be approved by the court to ensure it is in the child's best interests.
Time limits
Under the Prescription and Limitation (Scotland) Act 1973, adults generally have three years from the date of an accident to raise a personal injury action in the Scottish courts. Missing this deadline will almost always extinguish the right to claim, regardless of the seriousness of the injuries involved.
Where the injured person is a child, the three-year period does not begin to run until they turn 16. This means a child injured before their 16th birthday has until their 19th birthday to bring a claim in their own right. However, it is strongly advisable not to delay, as evidence, witness recollections and documentation become harder to gather as time passes. A claim can be pursued on a child's behalf at any point during their minority.
What compensation can cover
A successful personal injury claim in Scotland can cover a range of losses, both financial and non-financial. The main categories are:
- Solatium - this is compensation for the pain, suffering and loss of amenity caused by the injury itself. It takes into account both physical injuries and recognised psychological harm, such as post-traumatic stress, anxiety or sleep disturbance following a traumatic incident.
- Loss of earnings - where a parent or carer has had to take time off work to care for an injured child, this loss can form part of a claim. For an older claimant, any impact on their own earning capacity can also be included.
- Care and support costs - reasonable costs of care provided by family members or professional carers as a result of the injury can be claimed.
- Medical and treatment costs - physiotherapy, counselling, psychological therapy and any other reasonably necessary private treatment can be recovered.
- Travel expenses - the cost of attending medical appointments or other injury-related travel is recoverable.
- Future losses - where there is an ongoing impact on the claimant's life, future costs and losses can be included in a settlement or court award.
Settlements in Scottish personal injury cases are designed to put the claimant back in the position they would have been in had the accident not occurred, so far as money is able to do so. Psychological harm, including nightmares, anxiety and a lasting change in behaviour or confidence, can form a significant element of a solatium award even where physical injuries are relatively minor.
It is worth being aware that some Scottish claims firms deduct up to 20% of a claimant's compensation as a success fee. Scotland Claims charges a 0% success fee, meaning clients keep 100% of the compensation they are awarded.
Frequently asked questions
Can a personal injury claim be made even though the driver was convicted in the criminal courts?
Yes. Criminal and civil proceedings are entirely separate. A criminal conviction, or a guilty plea, can support a civil claim as evidence of what occurred, but a civil claim must still be pursued independently through the insurance process or, if necessary, the courts. A conviction does not automatically result in compensation being paid to the victim.
Who pays compensation if the driver had motor insurance?
In most cases, the driver's motor insurer meets the cost of a valid civil claim. Scotland requires all motor vehicles to carry at least third-party insurance for this reason. Where insurance was not in place, the Motor Insurers' Bureau can compensate eligible victims of uninsured or untraced drivers.
Can psychological injuries such as nightmares and anxiety be included in a claim?
Yes. Recognised psychological harm, including post-traumatic stress, sleep disturbance, anxiety and changes in behaviour or confidence following a traumatic incident, can form part of the solatium element of a compensation claim. Medical evidence, such as a report from a GP or psychologist, is typically used to support this element of a claim.
How is a claim handled when the injured person is a child?
A parent or guardian can bring a claim on behalf of a child. Any settlement reached for a child must be approved by a Scottish court to confirm it is fair and in the child's best interests. The three-year limitation period for a child does not begin until they turn 16, giving them until age 19 to claim in their own right.
How long does a road traffic accident claim typically take to resolve?
Straightforward claims where liability is not disputed may settle within several months. More complex claims, particularly those involving ongoing psychological symptoms or disputes over the extent of injuries, can take longer. Where a child is involved and symptoms are still developing, it may be appropriate to wait until the full picture of recovery is clearer before accepting a settlement.
Based on reporting by STV News, 15 October 2026. All rights in the original report remain with the publisher.